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Articles Posted in Product Liability

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South Carolina Court Says Seller in Product Liability Claim Was Not Protected by Manufacturer’s Bankruptcy

It is not unusual for one or more of the defendants in a South Carolina product liability lawsuit to seek federal bankruptcy protection. This is especially true if a particular product has been accused of causing numerous serious personal injuries or wrongful death. The effects of the bankruptcy can vary,…

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Recent Recalls Could Affect South Carolina Consumers

South Carolina product liability lawsuits can arise from many different types of products – automobiles, prescription medications, and household goods, just to name a few. Sometimes, manufacturers issue recalls for certain products once they have knowledge of possible defects or dangerous proclivities. Although not every product that is the subject…

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Federal Court Refuses to Remand Product Liability Case to State Court, Despite Plaintiff’s Stipulation of Damages Less Than $75,000

Attorneys who practice law in the area of personal injury and wrongful death are often concerned about the timing of a lawsuit, and rightfully so. Claims not filed within the statute of limitations and statute of repose are usually dismissed by the courts. However, the timing of a lawsuit is…

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Federal District Court Dismisses Defendant in South Carolina Product Liability Case Due to Lack of Successor Liability

South Carolina product liability lawsuits can be complicated. Not only must the plaintiff prove the elements of negligence, strict liability, or another legal theory of liability, but he or she must also track down the manufacturer, seller, or another party that can be held responsible for the plaintiff’s injuries under…

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South Carolina Supreme Court Answers Certified Questions in Federal Product Liability Case Arising from Gas Tank Fire

Product liability claims can involve multiple theories of liability by the plaintiff – and also a variety of possible defenses by the manufacturer, wholesaler, or seller against which the plaintiff’s claims are made. Recently, the state’s highest court was asked by a federal district court to answer certain certified questions of…

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Federal District Court in South Carolina Denies Summary Judgment in Mesothelioma Case Filed by Former Navy Officer

Mesothelioma is a type of cancer that is caused by exposure to asbestos. Generally speaking, the more a person is exposed to asbestos, the greater his or her risk of developing the disease will be. In most cases, it takes several years (sometimes even decades) after the initial exposure for…

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Federal District Court in South Carolina Grants Summary Judgment to Defendants in WaveRunner Product Liability Lawsuit – Hickerson v. Yamaha Motor Corporation, U.S.A.

When a particular product is unreasonably dangerous or defective, a person who is injured thereby has a legal right to file a product liability lawsuit against the manufacturer, wholesaler, seller, or others in the product’s chain of distribution. Possible damages in such a lawsuit include medical expenses, lost wages, pain…

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South Carolina Plant Employee Was “User” of Product for Sodium Bromate for Purposes of Strict Product Liability Analysis – Lawing v. Univar, USA, Inc.

Product liability cases can involve many different theories of liability. Typically, the issues in the case are narrowed during the litigation process, with only some claims actually being tried. It is therefore crucially important for a trial court to properly instruct the jury on the issues presented at trial. In…

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Johnson and Johnson Loses Another Risperdal Trial

Yet another verdict for the male users of Risperdal as a Philadelphia jury ordered the drug manufacturer, Johnson and Johnson to pay twenty-one (21) year old Nicholas Murray 1.75 Million Dollars. Murray alleged that the use of Risperdal caused him to develop large breasts. Murray had alleged that Janssen Pharmaceuticals,…

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South Carolina Supreme Court Reinstates $900,000 Award of Damages Against Truck Manufacturer – Riley v. Ford Motor Company

It is unsettlingly common these days to hear of a large recall of cars, trucks, or SUVs, often as part of a settlement agreement between the manufacturer of the vehicles and the federal government as a result of findings that certain product defects have resulted in numerous injuries and deaths.…

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